7 pts

Which of the following are required of a lawyer for the duration of an attorney-client relationship?

Group of answer choices

Diligent attempts to satisfy the client's requests.

Competent representation.

Weekly updates to the client regarding the client's case.

All of the above.

Competent representation requires

Group of answer choices

Legal knowledge, skill, service as a judicial clerk, and specialization in a certain area of the law.

Legal knowledge, skill, preparation, and thoroughness.

Legal knowledge, basic interpersonal skills, and limited preparation.

All of the above.

In the context of an attorney-client relationship, what is the ethical standard for completing work on behalf of the client or in responding to a client's request for information?

Group of answer choices

Immediate responses to requests for information and consistent attempts to complete work on behalf of the client within the time you have available.

Reasonable diligence in completing work and prompt compliance in responding to requests for information.

Eventual responses to requests for information and diligent promptness in completing work on behalf of the client.

Reasonable promptness in completing work on behalf of a client and diligent attention to detail in responding to requests for information.

To what extent is a lawyer required to explain a matter to a client in the context of an attorney-client relationship?

Group of answer choices

Only to the extent reasonably necessary to allow the client to make an informed decision.

Always in detail, not withholding any information from the client about the law or controlling precedents.

Usually to the extent reasonably necessary to allow the client to make an informed decision, but circumstances dictate how much detail is involved.

None of the above.

Flag question: Question 5Question 57 pts

What is the standard for determining how much to charge a client for legal services as an attorney?

Group of answer choices

The total amount charged may not exceed the amount the client can pay without incurring debt.

The total amount charged must be quoted before representation begins, and if consent is obtained, any amount may be charged.

A fee may only be collected if an attorney achieves the results guaranteed by the attorney at the outset of the representation.

The reasonableness of the amount charged is the standard, but some factors determine what is reasonable and unreasonable.

Flag question: Question 6Question 66.5 pts

Under what circumstances does an attorney become responsible for another attorney's violation of rules of professional conduct?

Group of answer choices

When the attorney is an associate attorney at the law firm and a partner in the firm refuses to supervise other attorneys in the firm.

When the attorney orders conduct, that violates the rules of professional conduct, or ratifies such conduct, or is responsible for managing other attorneys in a law firm and knows the rules of professional conduct are being violated and does nothing to remediate the issue.

All attorneys are responsible for ensuring all other attorneys comply with the rules of professional conduct, as the legal profession is a self-governing profession.

All of the above.

Suppose there is a disagreement between a newly licensed attorney and the senior partner of the law firm for whom the newly licensed attorney works regarding whether some conduct violates the rules of professional conduct. How should the disagreement be resolved?

Group of answer choices

The newly licensed attorney must, in all ways and at all times, comply with the senior partner's decisions, even if the newly licensed attorney is almost certain the conduct being discussed is in direct violation of the rules of professional conduct.

The senior partner may resolve the disagreement by simply ordering the newly licensed attorney to comply or resign.

The newly licensed attorney can rely upon the judgment of the senior partner, even if the newly licensed attorney is uncertain, but only if the senior partner's resolution is reasonable and regarding an arguable question of professional duty.

The senior partner must always defer to even a newly licensed attorney if there is an arguable question of professional duty and the newly licensed attorney is uncomfortable with the resolution suggested by the senior partner.

You are not an attorney but are working in a law firm, assisting attorneys in preparation for litigation. What must the attorneys for whom you are working do to ensure you do not violate the rules of professional conduct?

Group of answer choices

Nothing, because only attorneys are bound by the rules of professional conduct.

Make reasonable efforts to ensure you comply with the rules of professional conduct.

Ensure that you are constantly supervised without the opportunity to violate the rules of professional conduct.

Make reasonable efforts to ensure you have no ability to violate the rules by prohibiting your access to clients' files or privileged information.

Flag question: Question 9Question 96.5 pts

Under which of the following circumstances may a non-attorney practice law?

Group of answer choices

When no attorney is available, the non-attorney has a background in the law, and there is a reasonable belief that the non-attorney can achieve a favorable outcome for the person needing representation.

A non-attorney may never practice law in violation of a jurisdiction's rules governing the practice of law.

When a client gives informed consent to the non-attorney's representation, and the non-attorney does not charge a fee for the representation.

A non-attorney may never assist in the practice of law under any circumstances, regardless of the non-attorney's training or background.

When a lawyer provides law-related services in conjunction with the lawyer's provision of legal services, is the lawyer bound by the rules of professional conduct in providing the law-related services?

Group of answer choices

Yes, always.

No.

Yes, but with qualifications.

Lawyers are not allowed to offer law-related services while practicing law because doing so is unethical.

When may an attorney reveal information relating to the representation of a client?

Group of answer choices

When the client gives informed consent or the attorney must reveal the information to prevent reasonably certain death or substantial bodily harm.

When doing so would prevent the client from committing a crime or perpetrating a fraud that is reasonably certain to cause substantial injury and the client has used the attorney's services to further their commission of a crime or perpetrating a fraud.

When doing so would mitigate or rectify substantial injury to the financial interests or property of others that has resulted from the client's commission of a crime or perpetration of a fraud when the client has used the lawyer's services to further their commission of a crime or perpetration of a fraud.

All of the above, and in some additional circumstances that are serious, but confidentiality of information related to representation of a client is generally, usually, and almost always to be kept confidential.

May a lawyer represent two different clients in a suit against each other if the lawyer believes he can effectively present the truth to the court and let the court decide the outcome?

Group of answer choices

No, never.

It depends on the facts and the amount in controversy.

There are no prohibitions on a lawyer representing adverse clients as long as informed consent is given by all involved.

Yes, if the representation is no prohibited by law.

May a lawyer ask a client to leave a substantial gift to the lawyer or someone in the lawyer's family in a will or other testamentary instrument unless the lawyer is related to the client?

Group of answer choices

Yes, if the lawyer and client are also close friends.

No.

No, unless there are mitigating circumstances.

It is unethical for a lawyer to receive any gift, regardless of size, from a client.

You are an attorney. A former client has fired you because of what he claims are "personality conflicts." He refuses to pay you the remainder of the legal fees you are due. A prospective client desires to retain your services to file a suit against the former client. You are more than willing to help the prospective client obtain a judgment against the former client to get even for the former client's behavior. Is it ethical to represent the prospective client and use your information about the former client to the former client's detriment?

Group of answer choices

It depends on whether your state has adopted the Model Rules of Professional Conduct or a similar set of rules that explicitly prohibit retaliation

Under no circumstances is it ethical to pursue a claim against a former client, regardless of the facts.

No ethical issues are present in the foregoing fact pattern.

No, it is not ethical to agree to represent the prospective client and under no circumstances is it ethical to use privileged information to the former client's detriment, regardless of the harm they have done to you.

You are a former judge who recently left the bench to go back into private practice. One of the last cases you presided over was very interesting and you were very glad when the jury's verdict awarded a large sum of money to the plaintiff. The defendant, however, was no pleased and appealed the case. You are now approached by the plaintiff, who learned that you were back in private practice, about the prospect of representing the plaintiff on appeal. The fee you could charge the client would be substantial and would allow you to send your child to a very prestigious Christian university in Virginia Beach, Virginia, where you attended for undergraduate and the law school. What response should you give to the plaintiff for coming to your office and asking you to represent them on appeal?

Group of answer choices

"Please leave; you may not speak to me ex parte as I was the judge in your case. I hope the defendant does not find out about your visit to my office."

"I would be glad to represent you on appeal."

"As much as I would like to represent you on appeal, I am bound by the rules of professional conduct, and ethically, I cannot represent a party on appeal when I was the judge in the case on appeal."

"Although I cannot represent you on appeal, if you desire to show your appreciation for the way I handled your case at trial, I can let you provide a scholarship to my child who is going off to college in Virginia next year."